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Posts from April 2013.
Posted in Womens Forum

Dress for Success Indianapolis, the local affiliate of the national Dress for Success organization, promotes “economic independence of disadvantaged women by providing professional attire, a network of support and the career development tools to help women thrive in work and in life.” Initially, Dress for Success provides its clients – women who are preparing for a job interview and who are referred to the program – with professional clothing and accessories for the interview. Then, once the client has a job lined up, Dress for Success provides the client with additional clothing items and support services to help the client keep her job, continue her professional development and achieve her career goals.

Posted in General

Bingham Greenebaum Doll LLP partner Andy Gruber was on this week’s episode of “Inside INdiana Business with Gerry Dick.” Andy participated in the panel segment “The INsiders” where he discussed the 2013 legislative session and the 5 percent income tax cut; the new job opportunities in Gary, Ind., and the mayor’s plan to highlight them; the increased attendance at Bankers ...

Posted in Estate Planning

I am thrilled to be the new regular guest on Peter Dunn’s radio show, “The Pete the Planner Show.”  Pete’s show airs on WIBC-FM 93.1 on Sundays in Indianapolis from 10 a.m. to noon.  Pete is an award winning media personality and author on all matters financial. His radio show features “Practical Money Advice for Real People.”

Posted in Litigation

Last week, the Federal District Court for the Northern District of Indiana issued an order authorizing use of predictive coding on electronically stored information (ESI) in a multi-district products liability case, despite warnings from the plaintiffs’ steering committee to refrain from conducting discovery until a centralization order was entered.

The defendant, Biomet ...

On Dec. 20, 2012, the U.S. Environmental Protection Agency finalized changes to the National Emission Standards for Hazardous Air Pollutants (also known as NESHAP) for industrial, commercial and institutional boilers and process heaters located at major and area sources of hazardous air pollutants.

Posted in General
Posted in Real Estate
Real Property Sales by Receivers: The differences between Ohio, Kentucky and Indiana

The sale of real estate in foreclosure actions by receivers is handled differently from state to state. With Ohio, Kentucky and Indiana all upholding different laws about the subject, what do you need know about the differences?

Hiring and firing employees generally involves some risk of litigation, even under the best of circumstances.  Employers may consider using background checks to help mitigate some of this risk. In fact, many employers have increased their use of criminal record information in connection with making employment decisions. According to one survey, 92% of responding employers stated that they subjected some or all of their job candidates to criminal background checks. Some employers may be surprised to learn that taking what seems to be an obvious preventive action could result in scrutiny by the Equal Employment Opportunity Commission (“EEOC”), which could lead to litigation by the EEOC or adversely affected job candidates.

Of all of my clients, big and small, I know very few who process payroll in-house. Instead, most delegate the tedious task to payroll firms like ADP, Paychex and Intuit. Others rely on smaller, more local payroll companies to get the job done. But what happens when the trusty payroll firm goes out of business or files for bankruptcy? Even worse, what happens when the firm your business has counted on for years to pay your employees and your payroll taxes, fails to pay those taxes? The answer is simple: your business is probably on the hook for the outstanding payments. And, even though you might be able to successfully sue the payroll firm for their mishandling of your accounts, the ability of the firm to pay you back? Not looking good.

Posted in Womens Forum

Each year, The Indiana Lawyer recognizes members of the Indiana legal community for their professional commitments, social and civic involvement, and volunteer efforts. The Leadership in Law Distinguished Barrister and the Up and Coming Lawyer Awards are given to those attorneys who have shown a commitment to their profession and the clients they serve.

Posted in Litigation

In “The Top Ten: A Summary of Recent Professional Liability Cases,” I have compiled a list of the top ten ways in which lawyers get themselves disciplined. While lawyers base their practices on helping people sort through problems, sometimes lawyers have problems of their own. Below, read an excerpt from “The Top Ten."

Posted in General

Co-hosting WFYI pledge drives is a tradition for Bingham Greenebaum Doll LLP attorney Brian Welch and me (see our coverage of last year’s pledge drive here). This morning, we were proud to continue that tradition by participating in the 2013 WFYI Spring Pledge Drive. We were live on-air on 90.1 FM Public Radio in Indianapolis raising funds for the quality radio and television programs WFYI provides to the Central Indiana community.

Many employers find wage and hour compliance to be among the most difficult concepts in employment law. Wage and hour laws impose numerous requirements, cover a broad range of conduct, and, to make things worse, vary from state-to-state. Fortunately for Kentucky employers, there are some simple and straightforward steps you can take to protect yourself against common problems. By ...

Posted in General

On Monday, April 8, the Bingham Greenebaum Doll LLP Women’s Forum prepared an apartment at Coburn Place Safe Haven for a family in need. Coburn Place, located in Indianapolis, provides women who have suffered from domestic violence and their children a chance at a fresh start by providing safe, affordable housing for up to two years. The members of the BGD Women’s Forum were honored and excited to make the apartment a home for this family, which includes a teenage girl and a young boy.

Posted in Litigation

I was recently asked whether it was okay to “recycle” billable hours from previous work done for previous clients. For example, if a lawyer does a legal research project for a client and it takes 21 billable hours and if a new client is faced with the same legal question, can the attorney just bill 21 hours to the second client for the work that is already done?

Posted in Litigation

Lawyers often wonder what information about their own cases they may post on the web. A new decision from the Supreme Court of Virginia states that lawyers may blog about past victories in the courtroom—without their clients’ consent—but must include an advertising disclaimer. The Virginia opinion is the first appellate decision nationwide to address the First Amendment protections of a lawyer’s blog.

I am proud to be a part of BGD Magazine’s first issue which focuses on “Getting Deals Done.” In “Emerging Business: How to Ask the Right Questions When Starting a Business,” Christopher W.D. Jones and I have laid out important questions to be considered before starting a business. Read the excerpt below regarding the importance of corporate formalities:

Posted in General

Bingham Greenebaum Doll LLP partner and equestrian enthusiast Tandy C. Patrick recently had the opportunity to ride a World Champion American Saddlebred horse. Patrick, who is President of the American Saddlebred Horse Association, was on a weekend visit to Mike Robert’s Stables in Columbia, Mo. where the owner of the grand horse invited Tandy to step up on him for a ride. CH ...

For centuries, individuals have been starting their own businesses. One of the perks to starting your own corporation or limited liability company is that you usually won’t be held personally responsible for the company’s liabilities. This is the corporate veil, and courts are generally unwilling to pierce it. But it’s n

Posted in Litigation

As lawyers, we spend our days helping people sort through problems. Some of us represent clients charged with misconduct or illegal action, while others perform transactional work, seeking to help clients put their deals together in a way so as to avoid trouble. At times, lawyers find themselves being scrutinized; after all, we are not infallible. In “The Top Ten: A Summary of Recent Professional Liability Cases,” I have compiled a list of the top ten ways in which lawyers get themselves disciplined.

Bingham Greenebaum Doll LLP recently released BGD Magazine, a quarterly collection of feature articles and stories. The first issue’s cover story, “The Fiscal Cliff in Depth for Business,” shows how the American Taxpayer Relief Act of 2012 affects businesses and their owners. Read below for an excerpt on bonus first-year depreciation.

Posted in General

The Indiana Repertory Theatre concluded their successful run of “The Whipping Man” by Matthew Lopez on March 24. “The Whipping Man” tells the story of three men whose lives are forever changed by the end of the Civil War and beginning of Passover in 1865. Rather than bringing liberty, the end of bondage brings uncertainty, and the antebellum mansion where the play is set reveals hidden truths about the nature of freedom and the frailty of family.

Posted in Litigation

In January we reported on this blog that a Federal appeals court in Chicago had ruled that an Indiana law that prohibited sex offenders from accessing social networking websites that allow minors to participate, such as Facebook and MySpace, was unconstitutional.  Now, an Indiana state appeals court has followed suit.

In Harris v. State, Michael Harris appealed his conviction for ...



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